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(영문) 서울중앙지방법원 2020.11.27 2020가단5263560

대여금

Text

1. The defendant shall pay to the plaintiff KRW 331,648,113 and KRW 37,000 among them to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement with the Defendant as listed below, and loaned the amount of the credit to the Defendant.

In each credit transaction agreement above, interest and compensation for delay set forth by the plaintiff to apply the interest rate set by the plaintiff, and the compensation for delay set by the plaintiff shall be as specified in the following table:

B. The Defendant did not pay the principal and interest of each of the above credit transaction agreements at the due date, thereby losing the benefit of time. On June 25, 2020, the remaining principal and interest of each of the above credit transaction agreements as of June 25, 2020 are KRW 331,648,113 (i.e., KRW 60,882,444 Won 52,66,295 Won 218,09,374).

The credit amount of KRW 120,00,000, 1200, 237,000,00,000, 23,882,444 won, 60,882,442, 12.42%, 222,00,000,000 won, which is 222,00,000 won, from May 8, 2013, 2013, 31,50,00 won 21,16,295 won, 52,66, 295 won, 31,222%,3150,00,00,000,000 won, 87,689, 69,000 won, 69,000 won, 20,000 won, and 52,665,00 won, and 12,000 won.

C. Meanwhile, the defendant's representative director C guaranteed the defendant's obligation to the plaintiff under the above credit transaction agreement, and the plaintiff received dividends for the joint and several several debt debt in the bankruptcy proceeding against C, and the balance reflected therein is the remaining principal and interest of the loan as stated in the above table.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 5, Eul evidence 2 to Eul evidence 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay to the plaintiff the remaining principal and interest of each of the above principal and interest and damages for delay as to the principal.

B. As to this, the defendant defense that the plaintiff received dividends from the bankruptcy procedure against C, a joint guarantor of each credit transaction agreement, and paid some of the claims. However, as seen in the above facts, each of the above remaining principal and interest of the loan is the result of the repayment of dividends to C in the bankruptcy procedure.